Chapter Audio Spotlight Video ▲ President John F. Kennedy Essential Question Chapter Overview Visit connected.mcgrawhill.com for an overview, a quiz, and other chapter resources available for United States Government. 244 Michael Ochs Archives/Getty Images What basic powers of the presidency directly affect the other two branches of government—the legislature and the judiciary? SECTION 1 Presidential Powers Reader’s Guide Content Vocabulary Academic Vocabulary Reading Strategy ★ mandate (p. 248) ★ forum (p. 249) ★ enforce (p. 245) ★ annual (p. 247) ★ medium (p. 249) Create a graphic organizer like the one at the right to list some of the powers given to the president by the Constitution. Powers of the President Issues in the News I n October 2007 Rep. John Yarmuth (D-KY) gave fellow House members buttons saying “Article 1.” It was his way of reminding them that the Constitution gives the executive branch very limited powers. Yarmuth is worried because President George W. Bush has used “signing statements” far more than any other president. Signing statements are a president’s official notes on bills signed into law that assert that the president has a right not to enforce it—at least, under his or her interpretation of the Constitution. Some scholars say Bush was merely making a statement about executive power and that the president would not actually instruct federal agencies not to obey the law. Others say there is no way to be sure. Michael Clevenger/Louisville Courier-Journal/AP Images L ike signing statements, many presidential powers are not mentioned in the Constitution. Instead, they have developed over time, reflecting the changing national needs and the personalities of the presidents. The Founders crafted the office carefully, relying on their understanding of human nature and on their experience with the British king and his officials. The Founders also realized that the executive office would reflect the personal characteristics of a particular president. The sources of presidential power and the limitations on the office have interacted throughout American history. The office may have been defined by the Constitution narrowly, but many factors have shaped it into its modern form—the immediate needs of the nation, the personal energy and influence of each president, and popular support for a president’s programs. ▲ Representative John Yarmuth wants House members to remember the limits on executive power. Constitutional Powers The Founders made the president the head of the executive branch. Having fought a revolution against the hated king of Britain, the Framers of the Constitution did not want the leader of the new executive branch to become a tyrant. However, despite these concerns, there were two reasons to give the national government a strong executive. Need for a Strong Executive First, the Founders knew that one of the main weaknesses of the Articles of Confederation was its lack of an independent executive. Without an executive, the government had no one to carry out the acts of Congress. Moreover, this made it difficult for the government to respond quickly to problems and to enforce laws. CHAPTER 9: Presidential Leadership 245 Second, many of the Founders distrusted direct participation by the people in decision making. They feared that mass democratic movements might try to redistribute personal wealth and threaten private property. Consequently, they wanted a strong executive branch that would protect liberty, private property, and businesses and would hold the legislature (the branch that directly represents popular opinion) in check. Presidential Powers in Article II Article II of the Constitution grants the president broad but vaguely described powers, simply stating that, “The Executive Power shall be vested in a President of the United States of America.” Sections 2 and 3 of Article II define the president’s powers. As commander in chief of the armed forces, the president is mainly responsible for the nation’s security. As head of the executive branch, the president appoints, and the Senate confirms, the heads of executive departments. The chief executive also conducts foreign policy, making treaties with the advice and consent of the Senate, and appointing ambassadors. In addition, the president has some power over the judiciary. He or she appoints federal court judges, can pardon people convicted of federal crimes (except in cases of impeachment), and can reduce a person’s jail sentence or fine. See the following footnoted materials in the Reference Handbook: 1. The Constitution, pages R42–R67. Election Method Argentina 4 years Direct election by the people Egypt 6 years Nominated by the legislature and approved by an absolute majority of the people France 5 years Absolute majority of the people; direct election Mexico 6 years Direct election by the people Philippines 6 years Direct election by the people South Africa 5 years Elected by the legislature from its members United States 4 years Electoral College system tro Term Co Country Co n ns tit ut io Presidential Powers na Ap l a lP pr rm ow ov ed Ap e f er o po leg rce s i i Ap nt e slat s po xe ion c i Ap nt j utiv po udg e o ffi Di int p es cia ss ls ol rim Su ve l e m sp eg i en isl nist at e d rig ure r ht s Comparing Governments Source: www.loc.gov/law Critical Thinking Presidents of different countries around the world often hold similar powers. What differences are there between the powers of the presidents of the United States and France? 246 UNIT 3: The Executive Branch Visit connected.mcgraw-hill.com. Presidential Decisions Leadership Style This Currier and Ives lithograph shows the shelling of Fort Sumter in 1861. By sending ships to resupply the federal fort in Charleston harbor, President Lincoln forced the South Carolina militia to take action, thus beginning the Civil War. How did Lincoln’s actions reveal his view of presidential power? Working with the legislature, the president ensures that the laws Congress passes are “faithfully executed.” The president delivers an annual State of the Union message to Congress, proposes legislation, and can call Congress into special session when necessary. Informal Sources of Power The Constitution’s list of presidential powers is brief and simple, but ever since George Washington’s presidency, the list has expanded greatly. Today, these powers come from several sources besides the Constitution. Library of Congress, Prints & Photographs Division, LC-USZC4-528 Personal Exercise of Power Over the years, some presidents have added to the power of the presidency simply by how they have handled the job. Each president has defined the office in unique ways. A number of presidents have expanded the powers of the executive because of their beliefs about the office. In 1803 Thomas Jefferson made the decision to purchase the Louisiana Territory from France. Nothing in the Constitution, however, stated that a president had the power to acquire territory. Jefferson decided that the presidency had inherent powers, or powers attached to the office itself. These were powers the Constitution did not specifically define but that Article II implied. The Senate agreed with Jefferson and ratified the Louisiana Purchase treaty. Theodore Roosevelt expressed the broad view of presidential power, explaining that it was both the president’s right and duty to “do anything that the needs of the Nation demanded, unless such action was forbidden by the Constitution or by the laws.” In a letter to a contemporary historian, Roosevelt explained: used every ounce of power there was “ Iinhave the office and I have not cared a rap for the criticisms of those who spoke of my ‘usurpation of power’; . . . I believe that the efficiency of this Government depends upon its possessing a strong central executive. . . . —Theodore Roosevelt, 1908 ” Immediate Needs of the Nation During the Civil War, Abraham Lincoln took actions that led some people to call him a dictator. He suspended the writ of habeas corpus and jailed opponents of the Union without a trial or the legal authority to do so. He raised an army before getting Congress’s approval. He took illegal action against the South by blockading its ports. Lincoln claimed the Constitution gave him the authority to do what was necessary to preserve the Union. In the end, the nation agreed with the president. CHAPTER 9: Presidential Leadership 247 Franklin D. Roosevelt used the power of the presidency to expand the role of the federal government in the economy. The economic crisis of the Great Depression was severe, with 25 percent of the population without jobs. Roosevelt persuaded Congress to create many new programs to provide income for the elderly, supply people with jobs, regulate banks, and set up the federal agencies to run these programs. After Roosevelt, Americans expected their presidents to take a firm hand in directing the nation’s economy. In 2001 the terrorist attacks on New York City and Washington, D.C., transformed the presidency of George W. Bush. He had gained office nine months earlier in a close, bitterly contested election. A poll at the time showed that 40 percent of the public did not believe Bush won the election fairly. The terrorist attacks, however, changed everything. Americans now looked to the president for leadership. Bush responded by declaring that the “war on terrorism” would be the focus of his presidency. “I will not yield; I will not rest; I will not relent in waging this struggle for freedom and security for the American people.” During this crisis, he gained sweeping authority from Congress to fight terrorism, and his public approval ratings temporarily soared to 90 percent. Although Congress sometimes complains about presidential power, it often grants a president special powers during emergencies. In 1964, for example, President Lyndon Johnson reported that two American destroyers had been attacked in the Gulf of Tonkin off the Vietnam coast. To allow him to cope with the situation, Congress passed the Gulf of Tonkin Resolution on August 7, 1964. It gave the president authority to “take all necessary steps, including the use of armed force” to protect Americans in Southeast Asia. Johnson used these powers to expand the war in Vietnam and in other parts of Southeast Asia. Mandate of the People All presidents like to claim that their ideas and policies represent a mandate from the people. A mandate—the expressed will of the people, often in an election—is one of the greatest sources of presidential power. The president’s popularity ratings can change very quickly, however. Modern presidents have thus learned to use the mass media to communicate their message and to gain popular support for what they want to do. Today, television gives presidents even greater power to convey their ideas and personalities directly to the American people. The media called The Bully Pulpit Great Communicators Bettmann/CORBIS In the early 1900s, President Theodore Roosevelt referred to the “bully pulpit”—his forum for persuading citizens and advocating his agenda. President Franklin D. Roosevelt, seen here with radio microphones, unified the nation during the Depression with his “fireside” chats. In the 1980s, Ronald Reagan was known for being able to connect with a national television audience through his speeches. What repercussions might follow for a president who is not a good communicator? 248 UNIT 3: The Executive Branch President Ronald Reagan “the Great Communicator” partly because of his ability to deliver his message directly to the people through television. People often judge a president’s ideas by how appealing he or she appears on television, a fact presidents know very well and try to use. Major newspapers, magazines, and the Internet also provide a forum, or medium for discussion, for presidential messages. The print media assign reporters to cover the president full-time. White House staff make sure these reporters receive a steady flow of information about the president’s activities and ideas. One of the staff’s objectives is to create the image of a president as an active, personable servant of the people. Limits on Executive Power The Founders built significant safeguards into the Constitution against the possibility that presidents would abuse their lawful powers. Congress and the courts are able to limit the president’s authority. Besides these constitutional limitations, the president’s actions can be limited in a number of other ways. Larry Burrows/Time Life Pictures/Getty Images Limitation by Congress The Constitution gives Congress the power to pass legislation even after a president has vetoed it. This power to override a president’s veto limits executive power. For example, in 1973, President Richard Nixon vetoed the War Powers Act, but Congress overrode his veto. The War Powers Act prevented presidents from committing troops to combat for more than 60 days without congressional approval. Congress felt that Nixon and Lyndon B. Johnson abused their powers as commander in chief by committing American troops to fighting a long, undeclared war in Vietnam. What other ways can Congress limit a president? First, the Senate must confirm a president’s appointees. Second, the House of Representatives must approve the budget. Third, the House and Senate can use the impeachment process to remove the president from office. In the nation’s history, the House of Representatives has initiated impeachment proceedings against three presidents. In 1868, just after the end of the Civil War, the House impeached President Andrew Johnson over issues related to how southern states would be reconstructed. The Senate acquitted him by one vote. In 1974 the House prepared impeachment charges against President Richard Nixon, but Checks and Balances Congress concluded that American involvement in the Vietnam War was a result of an abuse of presidential power. It proposed the War Powers Act in 1973 to limit the president, even mustering the necessary votes to override the president’s veto. How does the War Powers Act reflect the principle of checks and balances? he resigned before they could be voted on by the full House. In 1999 the House brought two charges of impeachment against President Bill Clinton, but after a short trial, the Senate acquitted him. Limitation by the Federal Courts Because of a historic Supreme Court decision, the federal courts also have the power to limit a president. In Marbury v. Madison (1803), the Court said that it had the right to the final interpretation of whether an act of the legislature or the president violates the Constitution. This happened several times during the Great Depression, when the Supreme Court ruled that some of President Franklin D. Roosevelt’s New Deal legislation was unconstitutional. See the following footnoted materials in the Reference Handbook: 1. Marbury v. Madison, page R30. CHAPTER 9: Presidential Leadership 249 Youngstown Sheet and Tube Company v. Sawyer (1952) This 1950s case focused on an important issue. Could the president act in areas of authority that the Constitution delegates to Congress if the Congress failed to act? Before this decision, a president’s action in similar situations was challenged only if Congress passed a law assuming its authority. In 1952 President Harry S. Truman, believing a strike by steelworkers could threaten national security, ordered his secretary of commerce to seize and operate most of the nation’s steel mills. The president reported all of this to Congress, but Congress failed to take action. In earlier cases, Congress had provided procedures for dealing with similar situations. The steel companies resisted a government takeover of their mills by suing Commerce Secretary Charles Sawyer. The case eventually reached the Supreme Court. Writing for the majority, Justice Hugo Black noted that no statute authorized the president to take over the mills. Black argued that just because Congress had not exercised its powers to seize the mills did not mean that the president could do so: “The Founders of this Nation entrusted the lawmaking power to the Congress alone in both good and bad times.” Following the attacks of September 11, 2001, President George W. Bush attempted to expand presidential powers as a way to fight terrorism. This led to several Supreme Court decisions limiting the president’s ability to undertake sweeping new anti-terrorism measures. In 2004, for example, the Court ruled in Hamdi v. Rumsfeld that the president cannot indefinitely lock up foreigners or U.S. citizens without giving them a chance to challenge their detention in court. In 2006 the justices rejected the Bush administration’s use of specially created courts called military tribunals to try suspected terrorists. Limitation by the Bureaucracy The federal bureaucracy sometimes limits presidential powers. Bureaucrats can obstruct presidents’ programs unintentionally by failing to provide needed information, by misinterpreting instructions, and by not completing a task properly. Bureaucrats have some discretion to interpret laws, and at times their interpretations may not reflect the president’s priorities either intentionally or unintentionally. Limitation by Public Opinion Public opinion can also affect a president. In 1968 public dissatisfaction with President Johnson’s conduct of the Vietnam War convinced him to retire instead of running for reelection. Without favorable public opinion, no president can carry out a political program. For example, in 1993 President Clinton proposed major changes to the nation’s health-care system. Various interests groups, including insurance companies and doctors, began to campaign against the president’s proposal. When public opinion turned against the plan, Congress decided not to act on Clinton’s proposal. SECTION 1 Review Vocabulary 1. Explain the significance of: mandate, forum. Main Ideas 2. Summarizing In what three ways have former presidents expanded the power of their office? 3. Explaining Why, during Lyndon B. Johnson’s presidency, did Congress pass the Gulf of Tonkin Resolution? Critical Thinking 4. Distinguishing Fact from Opinion President Woodrow Wilson said that the president “is at liberty, both in law and conscience . . . to be as big a man as he can.” Explain whether this statement is fact or opinion. 250 UNIT 3: The Executive Branch 5. Listing Using a graphic organizer like the one below, list two or more constitutional limits and three other limits on presidential power. Constitutional Limits Other Limits Writing About Government 6. Descriptive Writing Determine whether you think there should be greater limits on the president’s power. Compose several catchy slogans supporting your view and create signs or buttons that might be used in a rally. Does National Security Justify Wiretaps? United States v. United States District Court, 1972 T he Constitution calls upon the president to “preserve, protect and defend the Constitution of the United States.” Can the president order electronic surveillance of people without a search warrant if the purpose is to protect against domestic threats to national security? The case United States v. United States District Court addressed this issue in 1972. The Constitutional Question In reviewing the case, the Supreme Court explained: resolution is a matter of national “ Itsconcern, requiring sensitivity both to the Government’s right to protect itself from unlawful subversion and attack and to the citizen’s right to be secure in his privacy against unreasonable Government intrusion. —Justice Lewis F. Powell, Jr., 1972 Facts of the Case In the early 1970s, several antiwar groups were accused of plotting against the government. President Richard Nixon’s administration began to use wiretaps without a search warrant to monitor citizens they suspected of such activities. The defendant in the case was accused of bombing an office of the Central Intelligence Agency in Michigan. He argued that evidence used against him was obtained illegally. The government responded that although it did not have a warrant, the wiretap was lawful because it was the president’s duty to protect national security. A U.S. District Court ruled that the evidence was gathered illegally and had to be made available to the defendant before his trial. The attorney general filed suit to set aside the district court’s order. ’’ The government argued that such surveillance was a reasonable exercise of the president’s power to protect domestic security. Further, the government claimed that judges would not have the expertise in such complex situations to determine whether there really was “probable cause.” Finally, the government argued that secrecy is essential in domestic security cases; informing a judge in order to get a warrant would create the risk of leaks. MF/AP Images Debating the Issue Questions to Consider You Be the Judge 1. Should domestic security cases be handled differently than other types of crimes? 2. What could be the consequences of allowing the wiretapping in such cases without a warrant? 3. Does the government need a search warrant to wiretap in domestic security cases? The Fourth Amendment protects citizens from “unreasonable searches and seizures” by requiring police to obtain a warrant from a judge. The judge must decide if there is “probable cause” before a search warrant can be issued. Should the Court make an exception in cases of national security? Why or why not? ▼ Lawrence Plamondon, below, arriving at a federal court in Michigan SECTION 2 Roles of the President Reader’s Guide Content Vocabulary ★ executive order (p. 253) ★ impoundment (p. 253) ★ reprieve (p. 254) ★ pardon (p. 254) ★ amnesty (p. 254) ★ patronage (p. 256) ★ treaty (p. 257) ★ executive agreement (p. 257) Academic Vocabulary Reading Strategy ★ design (p. 253) ★ submit (p. 256) ★ inspect (p. 259) Create a table to identify the different roles and duties of the president. Role Duties Issues in the News I W hen President Richard Nixon impounded funds, it raised a major issue about the exact power and duties of a president. What are the roles of the president? The president has seven key duties, and five are specified in the Constitution: serving as head of state, chief executive, chief legislator, chief diplomat, and commander in chief. Two other duties—economic planner and political party leader—are not implied in the Constitution but have developed over time. Head of State As head of state, the president represents the nation and performs many ceremonial roles. Serving as host to visiting kings, queens, and heads of governments, the president is the nation’s chief diplomat. Other ceremonial duties are less vital but are often covered in the press. In a tradition dating back 252 UNIT 3: The Executive Branch ▲ Nixon impounding program funds to the early 1900s, many presidents throw out the first pitch to begin the baseball season, light the nation’s Christmas tree on the White House lawn, or meet public figures or give awards to distinguished business leaders, actors, or artists. These activities are considered a part of the president’s role. The president is both head of state and chief executive. In most countries, these two duties are distinct. One person, a king or queen, or a president without substantial powers, is the ceremonial head of state, while another person, a prime minister or premier, directs the government. This difference is important. Much of the mystique of the presidency exists because presidents are more than politicians. To millions around the world and to millions at home, the president is the symbol for the United States. As a living symbol of the nation, the president is not just a single individual, but the collective image of the United States. © Oliphant. Reprinted with permission of UNIVERSAL PRESS SYNDICATE. All rights reserved. n the early 1970s, President Richard Nixon directed cabinet members not to spend certain funds appropriated by Congress, arguing that the programs were wasteful. Nixon withheld $8.7 billion designated for programs he believed were useless. Previous presidents had occasionally impounded, or withheld, smaller amounts of appropriated monies for a short time, but no president had used this power on such a large scale. Congress fought back and passed the Impoundment Control Act in 1974. The act established rules regarding when, and for how long, a president can impound funds. Chief Executive As the nation’s chief executive, the president sees that the laws of Congress are carried out. These laws range over a great many areas of public concern from Social Security, taxes, housing, flood control, and energy to civil rights, health care, education, and environmental protection. The executive branch employs more than 2 million people to enforce the many laws and programs Congress establishes. The president is in charge of these employees and the federal departments and agencies for which they work. Of course, no president could directly supervise the daily activities of all these people. At best, presidents can try to influence the way laws are implemented so the laws follow that president’s own philosophy of government. Bettmann/CORBIS Tools of Influence Presidents have several tools to influence how laws are carried out. One is the ability to issue executive orders, or rules that have the force of law. This power is implied by the Constitution because it charges the presidency with making certain that “the laws be faithfully executed.” Thus, executive orders are issued to detail the specific actions federal agencies must take to implement a law. For example, President Jimmy Carter used an executive order to put thousands of acres of land in Alaska under the control of the National Park Service. Executive orders have also been used, however, to make dramatic new policy. President Harry S. Truman used an executive order in 1948 to integrate the armed forces, while President Franklin D. Roosevelt used one to place Japanese Americans in internment camps during World War II. (See image above.) Another presidential tool is the power to appoint people to important offices in the executive branch. Besides cabinet members, presidents appoint (“with the advice and consent of the Senate”) about 2,200 top-level federal officials—agency directors, deputy directors, and their assistants. Presidents try to appoint officials who share their political beliefs because they will be committed to carrying out their goals. A third tool that presidents can use is the right to fire officials they have appointed. President Nixon fired his secretary of the interior for opposing his Vietnam policies. It is not always easy, however, to remove a popular official who has A Wartime Order Wartime fears of the Japanese led President Roosevelt to issue an executive order in early 1942. It authorized the military to round up Japanese Americans, including American citizens, and place them in camps for the duration of the war. Why do executive orders have the force of law? congressional and public support. J. Edgar Hoover was the director of the Federal Bureau of Investigations for 48 years. Several presidents had doubts about his capacities and conduct, but Hoover was too popular to fire and held the position until his death in 1972. Using a fourth tool, impoundment of funds, a president can refuse to allow a federal department or agency to spend money Congress has appropriated. Presidents have practiced impoundment for years. In 1803 President Thomas Jefferson did not spend money Congress set aside for new gunboats until less costly designs were found. Most impoundments have been for routine matters or specific items. Sometimes that money is appropriated, but later the president impounds the money because spending needs have changed. The Congress might agree with the president’s judgment. See the following footnoted materials in the Reference Handbook: 1. For number of employees by department, see United States Data Bank, page R100. CHAPTER 9: Presidential Leadership 253 Presidential Pardon able to influence government and society. In 2005 President George W. Bush appointed two justices to the Supreme Court: John G. Roberts, Jr., as chief justice, and Samuel Alito. Both appointments were expected to shift the court’s balance to a more conservative view. Reprieves and Pardons As chief executive, the president also can grant “reprieves and pardons for offenses against the United States.” A reprieve grants a postponement of legal punishment. A pardon is a release from legal punishment. People who receive them have usually been convicted of a federal crime. An exception was in 1974 when President Gerald Ford granted Richard Nixon a full pardon before he could be indicted for any crimes he might have committed during the Watergate scandal. The pardon was very controversial, but it was fully within President Ford’s power to grant it. Amnesty Gerald Ford entered the presidency hoping to pull a troubled country together. His pardon of Nixon, however, outraged many Americans who believed the president should be held accountable to the laws of the land. Why do you think Ford pardoned Nixon? President Richard Nixon used this tool in a more radical manner by impounding huge sums —$13 billion in a single year—for broad social programs he opposed. Groups that would have benefited from the programs took Nixon to court. The court then ordered the president to spend the appropriated money. In response, Congress passed legislation to prevent such wholesale impounding. Yet another tool is the power of the president to appoint officials to the judiciary. With Senate approval, the president appoints all federal judges, including the justices of the Supreme Court. By appointing justices with particular points of view on constitutional and other issues, presidents are 254 UNIT 3: The Executive Branch Chief Legislator Congress expects the executive branch to propose legislation it wishes to see enacted. This was clarified when President Dwight D. Eisenhower once wanted Congress to act on a particular problem he was concerned about. The White House, however, neglected to draft a bill to deal with the situation. A member of Congress scolded the president’s staff: “Don’t expect us to start from scratch on what you people want. You draft the bills, and we work them over.” AP Images Reactions to the President Finally, the president may grant amnesty. Amnesty is a group pardon to people for an offense against the government, often in a military situation. President Jimmy Carter granted amnesty to young men who evaded the draft during the Vietnam War. Another controversy involving amnesty arose in 2007. Some legislators from both parties proposed amnesty for undocumented workers who had lived in the United States for a long time. The proposal was part of a bill to address many sides of the illegal immigration problem. Presidential amnesties can be controversial. Many citizens were angry over Carter’s amnesty grant. Opposition also arose over President Bill Clinton’s use of pardons on his last day in office. In particular, Clinton pardoned a wealthy business leader indicted for fraud whose ex-wife had donated money to Clinton’s presidential library. The President’s Legislative Program Usually the president describes a legislative program in the annual State of the Union message to Congress. It calls attention to the president’s ideas about how to solve key problems facing the country. A detailed legislative program presented to Congress during the year reflects the president’s values and political beliefs. The president has a large staff to help write legislation. This legislation determines much of what Congress will do each year. The president’s office also presents to Congress a suggested budget and an annual economic report. Taking office after the assassination of President John F. Kennedy, Lyndon B. Johnson called upon Congress to enact Kennedy’s programs: Congress attempted to give the president some power over individual items by passing the Line Item Veto Act in 1996. President Clinton began to use the new power almost immediately, but the law was challenged as soon as it went into effect. The law survived the initial challenges, but the Supreme Court agreed to hear appeals of two cases on the new veto power in 1998. In Clinton v. City of New York, the Supreme Court struck down the law as unconstitutional. See the following footnoted materials in the Reference Handbook: 1. Clinton v. City of New York case summary, page R25. Presidential Lawmaking in the ability of the Congress, despite “ Ithebelieve divisions of opinions which characterize our Nation, to act—to act wisely, to act vigorously, to act speedily when the need arises. The need is here. The need is now. —Lyndon B. Johnson, 1963 ” Congress responded by passing a host of new domestic legislation that the administration proposed. Karl Rubenthal/LBJ Library Tools of Presidential Lawmaking When the president and the majority of Congress are from different political parties, the president must work harder to influence Congress to support the administration’s programs. Presidents often meet with members of Congress to share their views. They also appoint several staff members to work closely with Congress on new laws. Presidents may hand out political favors to get congressional support. They may visit the home state of a member of Congress to support his or her reelection. Or, a president may start a new federal project that will bring money and jobs to a member’s home state or district. An important presidential tool in lawmaking is the veto power. Each bill Congress passes is sent to the president for approval. The president may sign the bill, veto the bill, or lay it aside. Presidents sometimes use the threat of a veto to force Congress to stop a bill or change it to fit his or her wishes. The threat of a veto may succeed because Congress generally finds it very difficult to gather enough votes to override a veto. Unlike most state governors, the president does not have the power to veto selected items in a bill. Political Strategy Soon after becoming president, Lyndon Johnson used his 22 years of congressional experience and skill as a legislator to persuade Congress to pass his “Great Society” programs. How does the cartoonist depict President Johnson’s abilities and success as chief legislator? CHAPTER 9: Presidential Leadership 255 Economic Planner Party Leader The president’s role as chief economic planner has grown rapidly since Franklin D. Roosevelt’s New Deal. The Employment Act of 1946 gave new duties to the president. This law directed the president to submit an annual economic report to Congress. The law also created a Council of Economic Advisers to study the economy and help prepare a report for the president. In the law, it was declared for the first time that the federal government was responsible for promoting high employment, production, and purchasing power. Since 1946, Congress has continued to pass laws giving presidents the power to deal with economic problems. In 1970 Congress gave President Nixon power to control prices and wages. One year later, the president put a 90-day freeze on all prices, rents, wages, and salaries. (The law expired and was not renewed.) One of the president’s economic duties is to prepare an annual budget. The president supervises this work and spends many months with budget officials deciding which government programs to support and which programs to cut back. Decisions on the size of the budget, the deficit, and where monies will be spent all affect the nation’s economy. The president’s political party expects the chief executive to be a party leader. The president may give speeches to help party members who are running for office or may attend fund-raising activities to help raise money for the party. The president also selects the party’s national chair and often helps plan future election strategies. Presidents are expected to appoint members of their party to government jobs. These appointments ensure that supporters will remain committed to a president’s programs. Political patronage, or appointment to political office, rewards the people who have helped get a president elected. Being a political party leader can be a difficult role for a president. People expect a president, as head of the government, to represent all Americans. Political parties, however, expect presidents to provide leadership for their own political party. Sometimes these conflicting roles cause problems. When President Bill Clinton compromised with the Republican Congress to enact legislation in 1996, he was criticized by the more liberal members of his party. If a president appears to act in a partisan way, that is, in a way that favors his or her party, the media and the public can be critical. )) )) )) ) )) in Government AmeriCorps )))) )) Joining AmeriCorps lets a student help society at the same time that he or she earns money to pay for further education. AmeriCorps is a federal program that allows young people to earn up to $5,550 for college or graduate school, or to pay for school loans in return for one year’s service. Volunteers also receive living allowances and health care services. AmeriCorps has many local projects for volunteers, but there are also two national programs. One is a conservation program, AmeriCorps-NCCC. People from ages 18 to 24 live at regional campuses and work in teams on community projects. The second program, AmeriCorps-VISTA, allows members to work on their own for other organizations. They can train community volunteers or help set up neighborhood programs, for example. This approach expands the number of people who volunteer and helps more people. ) ) ))) articipating ▲ in Government Activity Volunteer at work 256 1. Gather more information about AmeriCorps by writing to the Corporation for National & Community Service at 1201 New York Avenue, NW, Washington, D.C., 20525, or visit its Web site at www. americorps.org. 2. Prepare a report on your findings to share with the class. David Rae Morris/epa/CORBIS ) articipating Chief Diplomat The president directs the foreign policy of the United States, making key decisions about the relations the United States has with other countries in the world. In this role, the president is the nation’s chief diplomat. Because Congress also has powers related to foreign policy, a struggle continues between the president and Congress over who will exercise control of the country’s foreign policy. Presidents have an advantage in this struggle because they have access to more information about foreign affairs than most members of Congress do. The administration sometimes classifies this information as secret. The Central Intelligence Agency (CIA), the State Department, the Defense Department, and the National Security Council (NSC) constantly give the president the latest information needed to make key foreign-policy decisions. Skilled presidents use this information to plan and justify actions they want to take. Members of Congress who lack access to this information often find it difficult to challenge the president’s decisions. In addition, the ability to take decisive action has added greatly to the power of the presidency in foreign affairs. Unlike Congress, where the individual opinions of 435 representatives and 100 senators must be coordinated, the executive branch is headed by a single person. In a national emergency, the responsibility for action rests with the president. The Power to Make Treaties As chief diplomat, the president has sole power to negotiate and sign treaties—formal agreements between the governments of two or more countries. As part of the constitutional system of checks and balances, however, two-thirds of the Senate must approve all treaties before they can go into effect. The Senate takes its constitutional responsibility about treaties very seriously. Sometimes the Senate will refuse to approve a treaty. After World War I, the Senate rejected the Treaty of Versailles, the agreement to end the war and to make the United States a member of the League of Nations. More recently, in 1978, only after lengthy debates and strong opposition did the Senate approve two treaties giving eventual control of the Panama Canal to the government of Panama. The Power to Make Executive Agreements The president also has the authority to make executive agreements with other countries. Executive agreements are pacts between the president and the head of a foreign government. These agreements have the same legal status as treaties, but they do not require Senate consent. Most executive agreements involve routine matters, but some presidents have used executive agreements to conclude more serious arrangements with other countries. Franklin D. Roosevelt lent American ships to the British in exchange for leases on British military bases. At the time, the British were fighting Nazi Germany, but the United States had not yet entered the war. Roosevelt knew that the strongly isolationist Senate would not ratify a treaty. He therefore negotiated an executive agreement. Some presidents have kept executive agreements secret. To prevent this, Congress passed a law in 1972 requiring the president to make public all executive agreements signed each year. Some presidents have ignored the law and kept secret those agreements they considered important to national security. In 1969 Congress discovered that several presidents had kept secret many executive agreements giving military aid to South Vietnam, Laos, Thailand, and the Philippines. Recognition of Foreign Governments As chief diplomat, the president decides whether the United States will recognize governments of other countries. This power means the president determines whether the government will acknowledge the legal existence of another government and have dealings with that government. Presidents sometimes use recognition as a foreign-policy tool. For example, since 1961, presidents have refused to recognize the Communist government of Cuba. This action indicates American opposition to the policies of the Cuban government. Student Web Activity Visit connected.mcgraw-hill. com. Click on the Student Web Activity for this chapter and complete the activity about the roles of the president. CHAPTER 9: Presidential Leadership 257 Leading the Armed Forces ▲ Early President In this photo, President Abraham Lincoln reviews troops at Antietam, Maryland during the Civil War in October, 1862. ▼ Modern President President Obama greets airmen at Wright- Patterson AFB, Ohio. Commander in Chief Presidents can back up their foreign-policy decisions with military force when needed. The Constitution makes the president commander in chief of the armed forces of the United States. Power to Make War The president shares with Congress the power to make war. In January 1991, President George H.W. Bush received congressional approval for military action in Iraq before he ordered a massive air strike. His actions prevented a serious constitutional issue that might have divided the nation if the president had sent troops without congressional approval as he was prepared to do. 258 UNIT 3: The Executive Branch Several other presidents have sent American forces into action without a formal declaration of war. In the early 1900s, several presidents sent forces into Latin America to support leaders who were friendly to the United States. In the late twentieth century, when President George H.W. Bush ordered an invasion of Panama to overthrow the dictator Manuel Noriega, he did not seek congressional approval. In 2001 President George W. Bush began his “war on terrorism” by sending troops to Afghanistan without asking Congress for a declaration of war. Subsequently, Bush asked for congressional approval for a much larger military action against Iraq. The president claimed Iraq had weapons of mass destruction and “gathers the most serious Gift of Edgar William and Bernice Chrysler Garbisch, 1963 Presidential Authority Most modern presidents do not directly lead their troops as Washington did. How do modern presidents indirectly lead their troops? dangers of our age in one place.” In October 2002 Congress passed a resolution that authorized the president to use the U.S. armed forces in Iraq “as he deems necessary and appropriate.” Military Operations and Strategy Generals, admirals, and other military leaders run the armed forces on a day-to-day basis. The president, however, is responsible for the key military decisions that represent overall policy and strategy. In 1794 President George Washington exercised his constitutional authority over the military when defiant whiskey distillers in western Pennsylvania refused to pay the federal tax on their product. It was Secretary of the Treasury Alexander Hamilton who urged the president to take action against the rebels by mobilizing some 15,000 state militia troops. Hamilton rode west with the troops, while Washington went to Pennsylvania to inspect them. When the troops arrived in Pittsburgh, the rebels retreated in the face of this convincing show of strength. Several presidents have had a military background. Besides Washington, they have included Andrew Jackson, William H. Harrison, Zachary Taylor, Ulysses S. Grant, Theodore Roosevelt, and Dwight D. Eisenhower. Neither Woodrow Wilson nor Franklin D. Roosevelt, presidents during World War I and World War II had any military experience. Some presidents with limited military experience have had to command military operations. Presidents Lyndon B. Johnson and Richard Nixon, for example, made key military decisions in the Vietnam War. President Jimmy Carter sent a special military force into Iran in 1980 to try to rescue American hostages. In 2001 terrorist attacks on New York City and Washington, D.C., led President George W. Bush to launch a military campaign against terrorist groups in several countries. Bush sent troops into Afghanistan, Iraq, the Philippines, and other terrorist-training areas. As commander in chief, the president has the authority to order the use of atomic weapons, a daunting responsibility. President Nixon said, “I can walk into my office, pick up the telephone, and in twenty minutes 70 million people will be dead.” As commander in chief, the president has more than military duties. During a war, Congress is likely to give the president special powers at home as well as abroad. During World War II, Franklin D. Roosevelt demanded and received from Congress power over price controls, gas and food rationing, and the industries needed to produce tanks, guns, and other war materials. The president may also use the military to control serious turmoil in the nation. Presidents have used federal troops to control rioting in American cities. In case of a natural disaster, such as a flood, the president may send needed supplies or troops to help keep order. All these roles combined—head of state, chief executive, chief legislator, economic planner, party leader, chief diplomat, and commander in chief— make the president of the United States the most powerful person in the world. SECTION 2 Review Vocabulary 1. Explain the significance of: executive order, impoundment, reprieve, pardon, amnesty, patronage, treaty, executive agreement. Main Ideas 2. Describing Which three foreign relations duties of the president are based on the Constitution? 3. Identifying Which officials may the president appoint? Critical Thinking 4. Understanding Cause and Effect Which decisions by a president affect the direction of the nation’s economy? 5. Organizing Using a graphic organizer like the one below, describe the different duties of the president’s roles as head of state and chief executive. Head of State Chief Executive Writing About Government 6. Expository Writing Imagine a typical day in the life of an American president. Prepare an agenda for the president’s day. Be sure to keep the seven duties of the president in mind when creating your agenda. CHAPTER 9: Presidential Leadership 259 Is the War Powers Act Constitutional? ISSUES to Debate The War Powers Act of 1973 was inspired by the Vietnam War. Many believed the president should not have sent so many American soldiers to Vietnam without a formal declaration of war. Congress wanted to prevent this from happening again. The act sets various deadlines for the president to notify and get congressional approval for sending troops abroad. Since the Constitution gives both the president and Congress war-making powers, the act remains controversial. YES NO The War Powers Act is constitutional. The legislation was necessary to maintain a proper balance of power between the executive and legislative branches. The Framers of the Constitution gave Congress the power to declare war, or ultimately decide whether to enter a war. As commander in chief, the president has the power to lead U.S. forces only after the decision to wage war has been made by Congress. It is dangerous to encourage presidents to act alone, assuming that Congress will rally around the president after he has committed a sufficient number of troops to combat. The president can commit troops in an emergency, but the Framers never intended them to be committed indefinitely—or for so long that war is really inevitable. The War Powers Act provides some real control for Congress by setting clear time limits and improves communication between the president and Congress in a crisis. The War Powers Act also promotes stability because it moderates a president’s response to a crisis since he or she knows that actions may ultimately be vetoed by Congress. The War Powers Act interferes with the president’s authority as commander in chief. It restricts the president’s effectiveness in foreign policy and should be repealed. The act restricts a president’s power to send troops into action in an international crisis. If the president wants to conduct the best foreign policy—and use American military superiority to help solve world crises—he or she needs flexibility. The time limits in the act highlight the fact that the War Powers Act is unconstitutional as well as impractical. Further, the obligation of a deadline presents the image of a divided nation to the world. It gives the enemy hope that the president will be forced by domestic pressure to withdraw troops after a short period. This can actually increase the risk to American soldiers who are sent into action. As stated in the Constitution, the president is meant to command the armed forces, thus he or she must be able to commit troops without interference. 260 UNIT 3: The Executive Branch ▲ 1. Analyzing Why would the time limit provision be a cause for controversy? 2. Explaining How does the War Powers Act attempt to balance power? 3. Deciding With which opinion do you tend to agree? Explain your reasoning. President Lyndon B. Johnson signs the Gulf of Tonkin Resolution, which gave him power to increase U.S. involvement in the Vietnam War. MPI/Getty Images Debating the Issue SECTION 3 Styles of Leadership Reader’s Guide Content Vocabulary Academic Vocabulary Reading Strategy ★ de facto (p. 266) ★ covert (p. 266) ★ executive privilege (p. 266) ★ survey (p. 261) ★ tension (p. 261) ★ generate (p. 262) As you read, create a graphic organizer like the one below to list the reasons for presidential isolation. Reasons for Presidential Isolation Issues in the News “T his is a problem that must have started with George Washington,” said an aide to Richard Nixon when asked about the president’s isolation. “If everybody went in immediately whenever he needed something, the White House wouldn’t work.” Some senators were so desperate for attention that they blurted out ideas in White House reception lines. President Dwight Eisenhower was known for letting his chief of staff serve as a buffer, while President Lyndon B. Johnson was just the opposite. Johnson saw or telephoned hundreds of people almost daily—but he did most of the talking. CORBIS E very president has a unique style of leadership. In the summer of 1981, President Ronald Reagan and his assistants prepared complex legislation to cut federal taxes. One day the president’s secretary of the treasury was working out details of the tax bill with key congressional leaders. At one point, the president stopped by to see how things were going. “Would you like to join us?” the secretary asked with a smile. “Heck, no,” the president replied, “I’m going to leave this to you experts. I’m not going to get involved in details.” Reagan’s response illustrated one aspect of his leadership style. He focused on what his aides called the “big picture” and let others in the Executive Office work out policy details. President Jimmy Carter, Reagan’s predecessor, took a different approach. He spent many hours studying policy details and often became directly involved with his assistants to sort through them. ▲ President Nixon in a quiet moment Increased Responsibilities When the Founders wrote the Constitution, they were thinking that Congress, not the president, would lead the nation. At best, the president was to be the nation’s chief administrator and, in time of war, its commander in chief. Instead the powers and duties of the president have grown steadily over the years. Public opinion surveys clearly show that Americans look to the president to keep the peace and to solve economic and social problems. Sometimes presidents demonstrate leadership by introducing bold new policies. President Truman did this in 1948 when he announced measures to end discrimination against African Americans. More often, presidents demonstrate leadership by responding to crises, problems, or opportunities as they occur. President Richard Nixon took advantage of tensions between the CHAPTER 9: Presidential Leadership 261 Styles of Presidential Leadership TK. ▲ Different Styles ▲ President Lyndon Johnson’s leadership style was often called the “Johnson Treatment.” It involved flattering, cajoling, and arm-twisting to persuade others. Here he discusses strategy with Supreme Court Justice Abe Fortas. Presidential Relationships Soviet Union and China to open diplomatic relations between the People’s Republic of China and the United States. President Bill Clinton made the difficult decision to intervene in a civil war in Bosnia. Leadership Qualities and Skills What kinds of qualities and skills do presidents need to lead the nation? Several qualities common to all good administrators can be identified. Many presidents have more than one of these qualities, and a number of great presidents have had them all. Understanding the Public A president must know and understand the American people. The most successful presidents have a genuine feel for the hopes, fears, and moods of the nation. Understanding the people is necessary to gain and hold their support. Public support, in turn, can give a president real leverage in influencing lawmakers. Since Congress is a representative body, it is very sensitive to the amount of public support a president can generate. When a president is popular, presidential proposals 262 UNIT 3: The Executive Branch and policies are better received by Congress than when the public holds a president in low regard. When Lyndon B. Johnson succeeded to the office of president, Congress passed his Great Society legislation. However, when Johnson became unpopular during the Vietnam War, he encountered fierce opposition in Congress. His effectiveness as a leader was almost destroyed. Failure to understand the public mood can prove disastrous for a president. In 1932, when the nation was mired in the Great Depression, President Herbert Hoover believed that the public did not want government to take an active role in confronting the nation’s economic problems. Actually, with millions out of work, Americans wanted their problems solved by any means, including federal intervention. Hoover’s failure to understand people’s attitude cost him the presidency. In 1932 he lost to the Democratic candidate, Franklin D. Roosevelt, in a landslide. Ability to Communicate Successful presidents must be able to communicate effectively and to present their ideas in a way that inspires public support. President Herbert Hoover met infrequently with the press and only answered questions that were written in advance. (l)Yoichi R. Okamoto/LBJ Library, (r)Paul E. Alers/NASA Which president’s leadership style do you think is most effective? Explain. In contrast, Franklin D. Roosevelt was a master at communicating with the public. He held weekly press conferences during which he answered all questions. After his famous “fireside chats” over the radio, Roosevelt received as many as 50,000 letters of public support per day. A president who cannot communicate effectively will have a hard time being a strong leader. President Carter, for example, did not win much support for his policies. President Reagan, on the other hand, was a very effective communicator. The press dubbed him “the Great Communicator” because of his ability to sell his ideas to the public. A United Military Throughout much of the nation’s history, the U.S. armed forces were racially segregated. For example, about one million African American men and women served in segregated units during World War II. In 1948 President Harry S Truman issued an executive order forcing the military to integrate African American and white units. These integrated units first emerged during the Korean War. Sense of Timing A successful president must know when the time is right to introduce a new policy, to make a key decision, or to delay such actions. During the crisis in the former Soviet Union in the early 1990s, President George H.W. Bush agreed that American economic aid would help encourage democratic reforms there. He decided to delay acting on this policy, however, until the Soviet political situation was clearer and more stable. On the other hand, when some Soviet republics declared independence, Bush was quick to recognize their sovereignty. Skillful presidents often use their assistants or cabinet secretaries to test a position on a controversial issue. One way is to deliberately leak information to the press about something that is being considered. Another device is to have a cabinet secretary or an aide make a statement about the issue or give a speech on it. If public and congressional responses are favorable, the president then supports the position and may implement the policy. If reaction is unfavorable, the idea may be quietly dropped, or the president may begin a campaign to shape public opinion on the issue. Openness to New Ideas Good leadership also requires the capacity to be flexible and open to new ideas. As events in Eastern Europe and the Soviet Union demonstrated in the early 1990s, situations can change rapidly in the modern world. Consequently, an effective president must be receptive to new solutions to problems. Presidents who are flexible are willing to engage in informal give-and-take sessions with their advisers. Presidents Franklin D. Roosevelt and John F. Kennedy liked to hear their staffs argue differing positions. In contrast, President Ronald Reagan did not tolerate serious dissension among his staff. President Bill Clinton was known for liking to listen to all kinds of opinions, too, as well as for getting involved with details. George W. Bush has been described as someone who acted more on instinct. He preferred to get brief summaries of policy options and make quick decisions. “He never thought about reversing course,” one former adviser said. Ability to Compromise A successful president must be able to compromise. The nature of politics is such that even the president must be willing to give up something to get something in return. Presidents who are successful leaders are able to recognize that sometimes they have to settle for legislation that provides only part of the programs they want. Presidents who will not compromise risk accomplishing nothing at all. A famous dispute at the end of World War I between President Woodrow Wilson and the Congress is often cited as an example of a president refusing to compromise and losing everything in the end. Wilson had represented the nation at the Paris Peace Conference negotiations to end the war. He lobbied the other nations involved with the treaty to include a plan for a League of Nations, a global organization whose goal was to prevent war. See the following footnoted materials in the Reference Handbook: 1. The Fourteen Points, page R90. CHAPTER 9: Presidential Leadership 263 An Inaccessible President An Imperial Presidency Here President Nixon makes a rare trip to the White House gates to greet citizens. Nixon surrounded himself with aides who agreed with him, creating an atmosphere in which all opinions reflected his own. Nixon thrived on the power of the presidency, and critics dubbed him “King Richard.” How might Nixon’s attitude have limited his ability to govern? Political Courage Successful presidents need political courage because sometimes they have to go against public opinion to do what they think is best. It takes courage to make decisions that will be unpopular. President Abraham Lincoln made this kind of decision during the Civil War. The early years of the war went very badly for the North. Despite some Union victories, casualties were very high, and the war’s end seemed nowhere in sight. As time passed, the war became increasingly unpopular, and the president came under intense public 264 UNIT 3: The Executive Branch and political pressure to negotiate peace. Despite his belief that his decision would mean his defeat in the 1864 election, Lincoln chose to continue the war to preserve the Union. Presidential Isolation Information and realistic advice are key ingredients for successful decision making. As presidents have become more dependent on the White House staff, however, the danger is that they will become isolated from solid information and sound advice. Special Treatment Modern presidents get very special treatment. One adviser to President Johnson noted: life of the White House is the life of “ The a court. It is a structure designed for one purpose and one purpose only—to serve the material needs and desires of a single man. . . . He is treated with all the reverence due a monarch. . . . No one ever invites him to ‘go soak your head’ when his demands become petulant and unreasonable. —George Reedy, 1970 ” In this kind of atmosphere, it is easy for presidents to see themselves as deserving only praise and to consider their ideas above criticism. National Archives and Records Administration When the treaty came before the Senate for ratification, many senators opposed it. They did not want permanent ties of any kind to Europe and its problems. They specifically objected that the League of Nations plan would take away the right of Congress to declare war. (The League called for members to take collective action against any aggressor nation.) Faced with these objections, President Wilson still refused to modify the treaty. Wilson faced a significant problem, however: If changes were made to the treaty to please the Senate, it would also have to be renegotiated with foreign powers. An angry Wilson decided to go on a public speaking tour to build support for the treaty. The tour ended suddenly when Wilson suffered a stroke. The Senate rejected the treaty, and the United States never joined the League of Nations. Voicing Opinions Presidents can easily discourage staff members from disagreeing with them or giving unpleasant advice. Lincoln once asked his cabinet for advice on a proposal he favored. Every member of the cabinet opposed it—to which Lincoln responded, “Seven nays, one aye; the ayes have it.” No matter how well advisers know the president personally, many advisers stand in awe of the office of the president. A close adviser and friend of President Kennedy put it this way: “I saw no halo, I observed no mystery. And yet I found that my own personal, highly informal relationship with him changed as soon as he entered the Oval Office.” An assistant to President Nixon had similar feelings. He explained that even after working closely with Nixon, “I never lost my reverent awe of the president, or the presidency, which for me were synonymous.” Such feelings can make it difficult for staff to stand up to the president or voice criticism. In the end, this may mean that the president does not hear all sides of an issue. Access to the President A veteran political observer once noted that “power in Washington is measured in access to the president.” Top White House staff are closer to the president than any other government officials. Presidents have different styles of managing staff. Franklin D. Roosevelt liked having staff members who had different ideas and would fight for them. Lyndon B. Johnson was much less open to dissent. William Safire, one of the speechwriters for President Nixon, tells a story that shows what can happen to the careless staffer who happens to disagree with the president. Safire once challenged the accuracy of a statement that Nixon made. When Nixon insisted that he was correct, Safire produced evidence to show that the president was wrong. As a result, Safire recalls, “For three solid months I did not receive a speech assignment from the president, or a phone call, or a memo, or a nod in the hall as he was passing by.” Woodrow Wilson’s closest adviser, Colonel Edward House, admitted that he constantly praised his boss. As for bad news, one presidential adviser explained that the strategy everyone followed was “to be present either personally or by a proxy piece of paper when ‘good news’ arrives and to be certain that someone else is present when the news is bad.” Making a Difference Ed Reinke/AP Images J immy Carter served as president of the United States from 1977 to 1981. After leaving office, he continued to work on domestic and international problems like global health and human rights. For his peacemaking efforts, Carter has been nominated seven times for a Nobel Peace Prize. He was awarded the prize in 2002. The focal point of Carter’s efforts is his Carter Center in Atlanta, founded in 1982. He has traveled to Ethiopia, Sudan, North Korea, and Bosnia to promote peace. “Peace can be made in Carter and his wife, Rosalynn, are working to eradicate a deadly disease the neighborhoods. . . .” called guinea-worm disease that affects people in India, Pakistan, and —Jimmy Carter 16 African countries. By teaching people to filter their water, the death rate from this disease has decreased. At home, Carter and his wife are involved in Habitat for Humanity, building houses for the poor with other volunteers. Carter, who is now in his eighties, says, “To work for better understanding among people, one does not have to be a former president. . . . Peace can be made in the neighborhoods, the living rooms, the playing fields, and the classrooms of our country.” CHAPTER 9: Presidential Leadership 265 In Consultation however, was very strong and restricted access. Although most presidents appoint their close friends to the White House staff, Bush appointed them to the cabinet instead. As one presidential aide explained, “The cabinet has played a very important role in all major decisions. [The president] wants them to be running things—not the White House staff.” Many observers believed that the leadership changes Bush made were positive. They argue that by listening to officials not so closely tied to White House operations, the president heard a greater variety of views. Staying in Touch The Dangers of Isolation Not only do top staffers have easy access to the president, but they also use their closeness to control others’ access. Few messages of any kind reached President Dwight D. Eisenhower unless his chief of staff, Sherman Adams, saw them first. H.R. Haldeman played a similar role for President Nixon. President Reagan at first depended heavily on several top advisers. During his second term, however, his new chief of staff, Donald Regan, severely restricted access to the president. One Reagan staffer called Regan the de facto president, meaning that although Regan did not legally hold the office, he exercised power as if he were president. Like Nixon, President Reagan became increasingly isolated. This isolation made it more believable when the president claimed he was unaware of the covert, or secret, activities of his National Security Council staff in the Iran-Contra affair. Perhaps in response to the events of the Nixon and Reagan presidencies, President George H.W. Bush tried to reverse the trend to consolidate power in the White House. His chief of staff, 266 UNIT 3: The Executive Branch Executive Privilege Presidents do not want the information from their advisers to become public while they are still deciding on policies. To keep their White House discussions confidential, modern presidents have sometimes used executive privilege. Executive privilege is the right of the president and other high-ranking executive officers, with the president’s consent, to refuse to provide information to Congress or a court. Although the Constitution does not mention executive privilege, the concept rests on the principle of separation of powers. Presidents since George Washington have claimed that executive privilege is implied in the powers granted in Article II. Congress has disputed executive privilege. Members claim that their oversight powers give them the right to get all necessary information from the president. Getty Images Executive Privilege Presidents need confidential discussions with their advisers, as Barack Obama seems to be having with his vice president here. How does the Congress view executive privilege? Most political observers warn that despite a president’s best intentions, power inevitably drifts toward the White House. Keeping in direct touch with the public can be very difficult, if not impossible, for a modern president. The need for cabinet members to protect the interests of their departments and the constituent groups they serve always influences the advice they give. In 1993 President Clinton brought plans for major domestic legislation to Washington. Dealing with White House staff problems became a major distraction, however. The president relied on key staffers for input in brainstorming sessions that could last for hours. Many sessions were inconclusive, and the president’s agenda lost momentum. To increase efficiency, the president found it necessary to reorganize the staff. Limits of Executive Privilege Presidents have long claimed that executive privilege is necessary for another reason—it protects their communication with executive branch staff. Without this protection, they argue that they would be unable to get frank advice from their assistants. Until recently, neither Congress nor the courts had much need to question members of the White House staff. These presidential aides traditionally had little influence on policy-making. The various cabinet departments made key policy decisions, and Congress could call department heads to testify as part of its oversight function. But as more policy has been made in the Executive Office of the President, the constitutionality and limits of executive privilege have become controversial. United States v. Nixon Landmark Case In 1974 the Supreme Court decided a major case on executive privilege. President Nixon had secretly tape-recorded his conversations with key aides about the Watergate cover-up. In United States v. Nixon, the Court unanimously ruled that the president had to surrender the tapes to the special prosecutor investigating the scandal. Although the Court rejected Nixon’s claim of executive privilege in this case, it ruled that executive privilege is supported by the Constitution. In Chief Justice Warren Burger’s words: and those who assist him must “ AbePresident free to explore alternatives in the process of shaping policies and making decisions, and to do so in a way many would be unwilling to express except privately. —Chief Justice Warren Burger, 1974 ” The Court’s decision did not end the controversy. Although executive privilege is legally recognized, the question of how far it extends to presidential advisers has gone unanswered. President George W. Bush invoked executive privilege many times, four times just in the summer of 2007 alone. In one instance, Congress wanted information on the firing of eight federal prosecutors. Democrats believed the prosecutors were fired because they were not sympathetic to the administration’s positions on the Iraq War. Congress subpoenaed the former White House counsel and another top staffer to testify before the House Judiciary Committee on the matter. When they refused, the committee brought suit in a federal court to force them to appear. As this back-and-forth struggle suggests, arguments over executive privilege will likely continue to cause conflict between the president and Congress. In the words of Justice Kennedy: executive privilege is asserted, coequal “ Once branches of the Government are set on a collision course. ” —Justice Anthony Kennedy, 2004 SECTION 3 Review Vocabulary 1. Explain the significance of: de facto, covert, executive privilege. Main Ideas 2. Analyzing How do presidents test public opinion before announcing new policies? 3. Explaining How do good communication skills help a president gain public support? Critical Thinking 4. Synthesizing How can a president’s willingness to let staff express disagreements on issues help the president make better decisions? 5. Organizing Using a graphic organizer like the one below, identify six qualities of presidential leadership and give an example of each. Qualities Examples Writing About Government 6. Persuasive Writing Suppose that you are the president’s chief assistant for legislative affairs. The president has asked for your advice on whether the opinions of interest groups should be a factor in making policy decisions. Write a memo supporting your position. CHAPTER 9: Presidential Leadership 267 Are Elections Free and Fair? The presidency is the only office that requires a nationwide election. Because of this, how presidents are elected is extremely important. The Founders wanted small states to have a role in the election so they set up the Electoral College system. This system means that occasionally the winner of the popular vote loses the election. Over time, other aspects of electing presidents has changed. ˛ As you read the time line, use the checklist to determine if these changes have made U.S. elections freer and fairer. ˛ Free and Fair Election Checklist ✓ All adult citizens can vote. ✓ Nominations are open to all. ✓ Votes are counted in a transparent manner. ✓ All sides trust results. ✓ Every vote is equal. Presidential Elections: A History George Washington unanimously elected president by the Electoral College. 1824 The first election in which most states allow free white males to vote for the electors. Andrew Jackson wins the popular vote, but loses the election. 268 The Progress of Democracy 1870 Fifteenth Amendment guarantees the right to vote regardless of race. Minorities are still often prohibited from voting. (t)National Archives and Records Administration, (b)Robb Scharetg/Jupiter Images 1792 The United States (tl)Flip Schulke/CORBIS, (tr)Robert King/Newsmakers/Getty Images, (b)Private Collection, Peter Newark American Pictures/Bridgeman Art Library, (t)National Archives and Records African Americans vote in a Mississippi primary. The Fifteenth Amendment and the Voting Rights Act ensured that minorities have the right and the opportunity to vote. Voting Rights Act outlaws poll taxes, literacy tests, and other methods of preventing people from voting. 1920 Nineteenth Amendment guarantees the right of women to vote. 1951 1965 1971 Franklin D. Roosevelt was elected president four times. After his death, the 22nd Amendment was passed to prevent any president from maintaining power for so long. The Twenty-second Amendment limits presidents to two terms in office. Twenty-sixth Amendment lowers the voting age to 18. Many states’ voting age had been 21. A Florida election official manually examines a ballot for irregularities after the 2000 presidential election. The U.S. Supreme Court later held that the recount was unconstitutional, violating the Fourteenth Amendment, because ballots were not treated the same throughout the state. 2000 2008 Supreme Court rules that requiring a state I.D. to vote is not an undue burden on voting. The Progress of Democracy 269 Are Elections Free and Fair? Although many countries around the world are moving toward democracy, the process has been uneven in some places. Many countries have made efforts to hold free and fair elections with varying degrees of success. Other countries have held fixed elections in order to gain legitimacy. For example, in Iraq under Saddam Hussein, the official tally often showed him winning with more than 99 percent of the vote. The new Iraqi government has made great strides in reforming the electoral process to make it free and fair. ˛ ˛ Free and Fair Election Checklist ✓ All adult citizens can vote. ✓ Nominations are open to all. ✓ Votes are counted in a transparent manner. ✓ All sides trust results. ✓ Every vote is equal. As you read, use the checklist to help evaluate elections around the world. Brasilia, Brazil: 2010 Yuri Cortez/AFP/Getty Images, AFP/Getty Images Brazilian president Luiz Inácio da Silva’s second, four-year term in office was coming to an end and he was constitutionally prohibited from running for a third, consecutive term. No candidate received absolute majority in the first round, so a second round, or run-off election, was required to be held. Lula’s designated successor, Dilma Rousseff won the run-off, becoming Brazil’s first female president. 270 The Progress of Democracy The World Beijing, China: 2007 Former vice president Zeng Qinghong casts a ballot for the new leadership of the Communist Party of China. The Communist Party controls China’s political systems and media outlets. Rangoon, Myanmar: 2010 This was the first general election in Myanmar since 1990. New election laws were announced in early 2010 which allowed the military government to have the final say over election results. Colombo, Sri Lanka: 2010 The first general election after the conclusion of a civil war, the Sri Lankan presidential election was marred by violence and accusations of fraud. The winner, President Mahinda Rajapaksa, was accused of using state resources to fund his reelection campaign. State-owned news media, too, was accused of not providing adequate coverage of opposition candidates. (t)Xinhua, Ju Peng/AP Images, (b)Bishop Asare/epa/CORBIS, Tim Fiach/Getty Images Harare, Zimbabwe: June 2008 Morgan Tsvangirai, shown here at a pre-election rally, withdrew from a run-off election in 2008 after many of his voters were beaten and killed by supporters of President Robert Mugabe. To reduce tensions, Tsvangirai formed a coalition government as Prime Minister with Mugabe in 2009. Critical Thinking Free and Fair Elections 1. Which countries above do not meet the criteria of having free and fair elections? Which criteria do they fail to meet? 2. Select a country and research its most recent election. Was that election free and fair? What changes could be made to make the election free and fair? The Progress of Democracy 271 Assessment and Activities Reviewing Vocabulary On a separate sheet of paper, choose the letter of the content vocabulary word(s) defined in each phrase. a. executive order b. reprieve c. de facto d. mandate e. pardon f. amnesty g. line-item veto h. treaty i. covert j. forum Chapter Summary Presidential Powers ★ Formal powers are granted in Article II of the Constitution. ★ Informal sources of power include the president’s personal exercise of power, the immediate needs of the nation, and public mandates. ★ Powers can be limited by Congress, the federal courts, the bureaucracy, and by public opinion. 1. expressed will of the people 2. medium of discussion of presidential messages 3. the power to accept or to reject only parts of a congressional bill 4. expunging someone from legal punishment 5. presidential decree that has the force of law 6. postponement of a person’s legal punishment 7. existing “in fact” rather than officially or legally 8. something that is secret Reviewing Main Ideas Section 1 (pages 245–250) 9. Listing What are four limits on presidential power? Section 2 (pages 252–259) 10. Explaining What is the president’s role as party leader? Section 3 (pages 261–267) 11. Interpreting Why can failing to understand the public’s mood weaken a president’s power? 12. Analyzing How do presidents become isolated? Roles of the President Critical Thinking ★ Head of State—Performs ceremonial roles ★ Chief Executive—Sees that laws of Congress are carried out ★ Chief Legislator—Proposes legislation ★ Economic Planner—Prepares federal budget ★ Party Leader—Supports party members ★ Chief Diplomat—Directs foreign policy ★ Commander in Chief—Commands armed forces of the United States 13. Presidential Leadership Skills ★ Understanding of the public ★ Ability to communicate ★ Sense of timing ★ Openness to new ideas ★ Ability to compromise ★ Political courage 272 UNIT 3: The Executive Branch 14. 15. 16. 17. 18. Essential Question Give examples of how the president has influence over the other two branches of government. Synthesizing When has Congress allowed expansion of a president’s economic power? Discussing Why is compromise such a vital ingredient for a president to be able to maintain support of the people? Analyzing How could Congress have prevented President Thomas Jefferson from purchasing the Louisiana Territory? Drawing Conclusions What are the dangers in depending only on the cabinet for advice? Only on presidential aides? Understanding Cause and Effect Use a graphic organizer to show why President Lyndon B. Johnson chose not to run for reelection in 1968. Cause Effect/Cause Johnson chooses not to run for reelection Effect Self-Check Quiz Visit connected.mcgraw-hill.com and click on the United States Government Self-Check Quizzes for additional test practice. Document-Based Questions Analyzing Primary Sources Interpreting Political Cartoons Read the excerpt below and answer the questions that follow. Analyze the cartoon and answer the questions that follow. Base your answers on the cartoon and your knowledge of Chapter 9. George Washington knew that his two terms as the nation’s first president would set the precedent for future officeholders. Washington’s Farewell Address, written near the end of his second term in 1796, gives his ideas on presidential duties and powers regarding both domestic and foreign policy. On office terms: “ The period for a new election of a citizen to administer the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being considered among the number of those out of whom a choice is to be made. ” On foreign policy: In the execution of such a plan, nothing is more essential than that permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated. ★★★★ ★★★ P articipating ★ 2001 Mick Stevens from cartoonbank.com 19. What is the first precedent that George Washington set in declining to run for another term of office? Why do you think he did this? 20. George Washington also warned against carrying grudges against other nations. What does this warning say about the developing powers of the presidency? ★ ★ ” 21. According to the cartoon, what do the American people expect of their president? 22. How must presidential candidates present themselves to the public? in Government ★★★ “ 23. Like the nation’s president, city mayors must know how residents view their policies. Design a poll to find out what people in your town think of the mayor’s recent decisions. Then explain your poll results in a report. CHAPTER 9: Presidential Leadership 273